California Labor Code 6650 – (a) After the expiration of the period during which a penalty …
(a) After the expiration of the period during which a penalty may be appealed, no appeal having been filed, the department may file with the clerk of the superior court in any county a certified copy of the citation and notice of civil penalty, the certification by the department that the penalty remains unpaid, and the division‘s proof of service on the employer of the items filed with the clerk of the court.
(b) After the exhaustion of the review procedures provided for in Chapter 7 (commencing with Section 6600), an appeal having been filed, the department may file with the clerk of the superior court in any county a certified copy of the citation and notice of civil penalty, a certified copy of the order, findings or decision of the appeals board, the certification of the department that the penalty remains unpaid, and proof of service on the employer at the employer’s address as shown on the official address record by the appeals board.
Terms Used In California Labor Code 6650
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeals board: means the Occupational Safety and Health Appeals Board, within the department. See California Labor Code 6302
- County: includes "city and county. See California Labor Code 14
- Department: means the Department of Industrial Relations. See California Labor Code 6302
- Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(c) The clerk, immediately upon the filing of a notice of civil penalty by the department pursuant to subdivision (a) or (b), shall enter judgment for the state against the person assessed the civil penalty in the amount of the penalty, plus interest due for each day from the date of issuance of the notice of civil penalty that the penalty remains unpaid.
(d) The department shall serve the notice of entry of judgment provided by § 664.5 of the Code of Civil Procedure on the employer.
(e) A judgment entered pursuant to this section shall bear the same rate of interest, have the same effect as other judgments, and be given the same preference allowed by law on other judgments rendered for claims for taxes pursuant to § 7170 of the Government Code.
(f) No fees shall be charged by the clerk of any court for the performance of any official service required by this chapter.
(Amended by Stats. 2000, Ch. 135, Sec. 130. Effective January 1, 2001.)